| Advisory Opinion request on behalf of Orleans Parish Sheriff Susan Hutson as to whether Timothy David Ray is prohibited from contracting with the Orleans Parish Sheriff's Office ("OPSO") while his mother, Deborah Chatman, is employed by OPSO. |
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Deborah Chatman is currently employed by the OPSO as a Senior Advisor to Sheriff Susan Hutson. Ms. Chatman serves as a member of Sheriff Hutson's Executive Team and handles external programs, including offender re-entry programs. Ms. Chatman has check signing authority on behalf of OPSO. Sheriff Hutson asks whether OPSO can contract with Ms. Chatman's son, Timothy David Ray, to act as the Chief Communications Officer. In this role, Mr. Ray would provide communications for Ms. Chatman's programs. Mr. Ray would receive a Form 1099 for payments.
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La. R.S. 42:1113A(1)(a): No public servant, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions, including sheriffs and their employees, as the department, office, or other organizational unit in which the public servant serves.
La. R.S. 42:1102(13) defines "immediate family member" to include a public servant's children.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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